Friday, March 5, 2021
Home Law Kerala HC decides that 'supporting ISIS ideology does not amount to waging war against...

Kerala HC decides that ‘supporting ISIS ideology does not amount to waging war against Asiatic ally of India’

The Honorable Court observed that: “Supporting an ideology of a banned organization, of course, is different from waging a war or attempting to wage a war or abetting to wage a war.“

Recently, the top echelons of the Indian judiciary have issued several verdicts that can really help the citizens of this country understand both the right to Free Expression as well as the reasonable limits placed on it.

Here is another such landmark judgement, from the Kerala High Court today.

Untitled.png

As reported here by LiveLaw.in, the Honorable Kerala High Court has set aside the conviction of a woman under Section 125 of the Indian Penal Code. This Section of the IPC deals with waging war against an Asiatic power that is in alliance with the Govt of India and has provision for life imprisonment.

The woman in question is one Yasmeen Mohammad Zahid, who was arrested from Delhi Airport on Aug 1, 2016, while apparently trying to flee to Afghanistan with the aim of joining ISIS.

Earlier the NIA Special Court in Ernakulam had found her guilty of supporting and raising funds for ISIS and accordingly, convicted her under Sections 120B, 125 IPC and Sections 38,39 and 40 of UAPA.

In particular, the Honorable Court observed that:

Supporting an ideology of a banned organization, of course, is different from waging a war or attempting to wage a war or abetting to wage a war.

I am convinced that this judgement and the precedent set by it will act as a guiding light for citizens, media and the legal fraternity trying to understand the limits of freedom of expression in India.

Another recent decision of the Honorable Kerala High Court may also help in this regard:

Untitled.png

So far over 3500 people have been arrested by Kerala Police over protests at Sabarimala, some 540 cases registered and around 100 are still in judicial custody.

As reported by the Hindustan Times:

Untitled.png

I am grateful to the Honorable Kerala High Court for taking a firm stand against the protests at Sabarimala. Now that the courts have prevented “wrong signals” from being sent, I do hope that the general public gets the message.

Of course, no article on clarifying the status of Freedom of Expression in India would be complete without referring to the views expressed by the Supreme Court after the arrest of five “activists”.

Untitled.png

I am not a lawyer nor a judge, much less a legal scholar.

I am nobody to comment on these judgments and views expressed by the courts. Even if I wanted to comment, I would not have the required expertise. Most likely because I do not happen to be an “eminent citizen” of India.

I just thought I would prepare a brief compilation of recent views of the honourable Indian judiciary which may or may not have an impact of how we the people understand Freedom of Expression.

Freedom of Expression is a complicated matter. Hopefully, people who read this article will get it now.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

Abhishek Banerjeehttps://dynastycrooks.wordpress.com/
Abhishek Banerjee is a math lover who may or may not be an Associate Professor at IISc Bangalore. He is the author of Operation Johar - A Love Story, a novel on the pain of left wing terror in Jharkhand, available on Amazon here.  

Related Articles

Trending now

‘Freedom House’ downgrades India from ‘free’ to ‘partly free’: Read how it is wholly funded by the US govt and has ties to George...

Freedom House downgraded India based on facts they did not find convenient and a fallacious narrative woven by left and Islamists

Crores of undisclosed income, unexplained cash receipts and more: IT Dept discovery so far in raids against Anurag Kashyap, Taapsee Pannu

Income Tax department (IT dept) conducted raid on properties linked to filmmaker Anurag Kashyap, actress Taapsee Pannu and others

China has the ability to seriously challenge the stable and open international system: The US Secretary of State

Tony Blinken said that in order to win the global economy, the US needed to push back unfair trade practices of China

‘I am 25 and never had sex’: LGBT activist, accused of raping another woman, had said on stage that she is incapable of having...

Earlier this week, a yoga trainer took to Instagram to accuse Dureja of raping her under pretext of performing Shamanic rituals.

Jharkhand: Five members of a family, including a five-year-old child axed to death by villagers over ‘black magic’ suspicions

Five members of a family killed by villagers after a priest said that their witchcraft is responsible for deaths and diseases in the villages

Trolls use fake, photoshopped images to attack Kangana Ranaut for pictures of a fruit smoothie

Kangana Ranaut faced troll attack after sharing a photo of a smoothie she had made. Trolls claimed that she had copied food image from the internet.

Recently Popular

PM Modi and his mother abused live on air by a caller on a BBC radio show on Sikhs in the UK

BBC edited the program and the host offered apology after caller abused PM Modi and his mother during a live radio show

“Are you so creatively bankrupt”? Director of ‘Yeh Ballet’ slams Deepika Padukone starrer new Levi’s ad for plagiarising design ideas

Sooni Taraporevala said that the 'copycat culture' in India needs to be called out and cancelled after the set used in new Deepika Padukone starrer Levi's ad was plagiarised by the makers.

Her husband used to talk vulgar to girlfriend in front of her: Here is what the lawyer of Ayesha, who jumped into Sabarmati river,...

Ayesha, who committed suicide by jumping into the Sabarmati River in Gujarat on March 1, had a disquiet marital life

Crores of undisclosed income, unexplained cash receipts and more: IT Dept discovery so far in raids against Anurag Kashyap, Taapsee Pannu

Income Tax department (IT dept) conducted raid on properties linked to filmmaker Anurag Kashyap, actress Taapsee Pannu and others

‘Inserted her hand claiming she was planting a tree’: LGBT activist Divya Dureja accused of sexual assault under pretext of shamanic ritual

A popular LGBT activist Divya Dureja has been accused of sexual assault by Elodie Gendron under pretext of a Shamanic ritual.

Icchadhari protestor Yogendra Yadav finally admits that farmers’ protest is political and is about defeating PM Modi: Read how

Four months after the farmers protest began, Yogendra Yadav has finally admitted that the protests are indeed political
- Advertisement -

 

Connect with us

253,205FansLike
522,035FollowersFollow
23,800SubscribersSubscribe